TERMS AND CONDITIONS OF BUSINESS

TERMS AND CONDITIONS
OF BUSINESS
(c) other tourist services not ancillary to transportation or
accommodation which account for a significant part of the
arrangements. For all other arrangements, AMOVIOM is the
Booking Agent for the supplier including the supplier of any
package where AMOVIOM acts as the agent of that supplier. In
Overview
this event, your contract will be with the supplier (or
General ................................................................................. - 1 -
suppliers) and AMOVIOM accepts no responsibility for the
1. Booking your holiday ...................................................... - 1 2. Payment and Confirmation ............................................. - 2 -
suppliers’ actions or omissions. Copies of the conditions of
3. Prices ................................................................................. - 2 -
your contract with your supplier are available on request from
4. Amendments by the company ......................................... - 2 -
us, and AMOVIOM recommends that you ask for them and
5. Cancellation by AMOVIOM or its suppliers ..................... - 3 -
read them before you book.
6. Changes by You ............................................................... - 3 7. Cancellation by you ......................................................... - 3 -
1. Booking your holiday
8. Insurance ........................................................................... - 3 -
1.1 On your enquiry, AMOVIOM establishes where and when
9. Your behaviour and responsibilities ................................ - 4 -
you wish to travel, what type of initial ideas and preferences
10. Illness and Disability....................................................... - 4 -
you have as well as potential direction for a budget, either via
11. Documentation ............................................................... - 4 -
phone or email.
12. Travel Arrangements ...................................................... - 4 13. Suppliers.......................................................................... - 4 -
1.2 Through a personalized process we will then discuss
14. AMOVIOM’s Responsibilities & limitations of liability . - 5 -
potential itineraries with you. Here we will also incorporate
15. Currency Refunds........................................................... - 5 -
additional ideas preferences and ideas from your side.
16. Complaints ..................................................................... - 5 17. Governing Law ............................................................... - 6 -
1.3 We will then prepare a final itinerary for your
18. Data Protection .............................................................. - 6 -
consideration and present it to you within seven to 21 days
19. Editorial Deadline ........................................................... - 6 -
depending on the complexity of your trip unless otherwise
20. COPYRIGHT ................................................................ - 6 -
specified during the booking process. The thought and
creativity that goes into making an AMOVIOM trip is priceless,
however should you not be satisfied with the final price,
General
All bookings are made with AMOVIOM GmbH (“AMOVIOM”),
registered at Luzernerstraße 60 Adligenswil, 6043 Luzern,
AMOVIOM will endeavour to adjust the trip to meet your
budgetary requirements.
Switzerland. All planning, preparation, organisation of
1.4 The experiences we create are priced as complete packages,
activities - of initial offers and also purchased journeys - as well
which include components with confidential contract rates
as the execution of our “packaged journeys” (as described in
with partners, as such AMOVIOM is unable to itemise costs. If
the next paragraph) take fully and exclusively place in
necessary, a final balance invoice will be issued to take into
Switzerland
European countries
account additional costs incurred by AMOVIOM for extras and
depending on each uniquely tailored journey. In Taiwan
options not covered in this arrangement. AMOVIOM does not
AMOVIOM is active only through a representative engaging in
under any circumstance provide a breakdown of costs.
and
potentially
other
liaison work.
1.5 Once the itinerary has been agreed, you will be invoiced
Your contract will be with AMOVIOM or with another
for a portion of the full cost, usually 40% but this will vary at
supplier of travel services and this will depend on the type of
our discretion and depending on the nature of the trip,
arrangements you book. Your contract will be with
particularly when aircraft or yacht charters are involved. You
AMOVIOM if it arranges a “package” comprising at least two or
are required to pay the remaining 60% of the trip’s cost at least
more of the following services where the services are sold at an
three months prior to its commencement. (More Details
inclusive price and are taken together and where they either
regarding payment and confirmation process under Section 2.
cover a period of more than 24 hours or include overnight
Payment and Confirmation)
accommodation: (a) transportation; (b) accommodation; and
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TERMS AND CONDITIONS
SWITZERLAND
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1.6 Many airlines now require the full name of all passengers
address, a residential address will also be required for
travelling. We will therefore ask you at the time of booking to
emergency and security reasons.
confirm the number of members in your party and to provide
us with the first forename (as shown in each passport) as well
as the title and surname of each member.
2.5 The remainder of the price payable to AMOVIOM is to be
paid three months prior to the commencement of the tailored
journey and/or service.
1.7 The Company will try to arrange for Special Requests
such as diet, room location, twin or double bedded room, a
particular facility or flight seat, to be met, but cannot
guarantee that they will be, nor will the Company be liable if
any Special Request is not met. The provision of any Special
2.6 If the tailored journey is to commence in less than three
months, the full price shall always be payable immediately.
This is irrelevant of anything contrary contained in these
terms and conditions for other cases.
Request does not constitute a term of your contract with us
2.7 If any payment remains unpaid after seven days past the
unless we have confirmed in writing that your requirement
due date of the payment, AMOVIOM reserves the right to
will be met.
cancel your booking without notice. You will be liable for any
costs incurred.
2. Payment and Confirmation
2.1 All payments to AMOVIOM are to be made by telegraphic
transfer directly into the bank account of AMOVIOM, as
follows:
3. Prices
3.1 Unless stipulated differently by AMOVIOM, all prices will
be in the currency of the country where the service will be
rendered for the traveller, usually in euros.
Account Name: AMOVIOM GmbH
Bank: PostFinance
3.2 AMOVIOM reserves the right to impose surcharges in
IBAN: CH51 0900 0000 9172 0106 1
respect of cost increases incurred during the creation of your
BIC / SWIFT: POFICHBEXXX
tailored journey. These may include but are not limited to
In case a telegraphic transfer is not possible, payment by credit
card can be arranged but will be subject to an additional
increases related to fuel, airport costs/taxes, currency
fluctuations, increases levied by suppliers used for your
tailored journey or any part thereof or government action
charge depending on the credit card provider.
(both Swiss and foreign).
2.2 An initial payment of usually 40% of the full price is
payable at the time of booking (see 1.5 above).
3.2a If the increase is in excess of 10% of the total cost, you
can withdraw from the tailored journey or package and
2.3 On receipt of your correct deposit we will book your
AMOVIOM will give you a full refund of all money paid to the
arrangements and issue a Confirmation Invoice. A contract
company less an administrative charge of 500€.
will come into existence on the date on which we issue a
Confirmation Invoice. When you make a booking you are
3.3 No refunds will be given if currency rates improve.
confirming that you are at least 18 years of age and that you
3.4 Value Added Tax will be included in the price wherever
understand our booking conditions and have accepted them
applicable.
on behalf of yourself and all members of your party. All
contracts with AMOVIOM GmbH are subject to these booking
4. Amendments by the company
conditions.
4.1 If AMOVIOM is your Booking Agent, your contract with
2.4 It is important for you to check the details on the
Confirmation Invoice as soon as you receive it. In the event of
any discrepancy please contact us immediately. If you arrange
your holiday direct with the Company all correspondence and
other communications will be sent to the address of the
your suppliers may allow the supplier to change the booking
details. Where this occurs, AMOVIOM will ensure that you are
promptly notified of any significant changes (for example, to
airline flight times and routes) but will accept no liability for
the changes or costs which may result.
person who made the initial payment unless you specify
otherwise. If you request correspondence through a business
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TERMS AND CONDITIONS
SWITZERLAND
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4.2 AMOVIOM aims to run the tailored journey as created.
not travel against EDA Travel advice and warnings as they are
However, occasionally it may be necessary to make minor
given for your safety and security.
changes to the tailored journey. No refund will be made.
6. Changes by You
4.3 Accuracy of information - We check the information
6.1 If, after our invoice has been issued, you wish to change
which we provide about our holidays very carefully.
your tailored journey or package in any way (for example,
However, tour, excursion or cruise itineraries may change as a
your chosen departure date), AMOVIOM will do its utmost to
result of local conditions. Circumstances such as these, or
make your changes but this may not always be possible. Any
weather conditions, may cause some of the amenities we have
request for changes must be made in writing.
described to be unavailable or different from those advertised.
When we are told of any significant or long term changes we
will always endeavour to advise you prior to your departure.
6.2 You may be asked to pay an administration charge of €100
for each person whose travel arrangements are changed, along
with any further costs we incur in making this alteration.
4.4 If AMOVIOM is unable to offer a significant proportion of
the tailored journey or package, you will be offered a refund
7. Cancellation by you
or an alternative trip of equal or greater value which
7.1 If you wish to cancel a tailored journey or package or
AMOVIOM, at its sole discretion, deems suitable.
leave/return early, AMOVIOM will endeavour to do what it
can to help you make any necessary arrangements, yet any
5. Cancellation by AMOVIOM or its suppliers
additional costs incurred by AMOVIOM occasioned hereby
5.1 AMOVIOM reserves the right to cancel a tailored journey
shall be your liability.
or package or any part thereof. In this unlikely event, you will
receive a refund of all invoices paid to AMOVIOM less any
7.2 In case of cancellation before the start of the journey it is
losses incurred by AMOVIOM.
AMOVIOM’S policy to refund as much as possible of all already
5.2 AMOVIOM cannot guarantee any refund if the company is
planning, organising and booking your journey. Due to the
forced to cancel, or make significant changes to, the tailored
high customisation of each tailored journey AMOVIOM cannot
journey due to circumstances beyond its control or that of its
guarantee to refund specific percentages of a journey’s price.
made payments less any costs already incurred as a result of
suppliers. Nonetheless, AMOVIOM will attempt to refund as
much as possible of all already made payments less any costs
8. Insurance
already incurred as a result of planning, organising and
8.1 Comprehensive insurance is compulsory for all persons
booking your journey. Circumstances beyond our control
booking an AMOVIOM tailored journey. You must ensure that
include but are not limited to man-made or natural disasters,
your insurance is valid for the duration of your tailored
acts of god, fire, explosion, adverse weather conditions, flood,
earthquake, terrorism, riot, civil commotion, war, hostilities,
strikes, riots or civil disturbances or acts of government and
any acts which lead the “Eidgenössisches Department für
auswärtige Angelegenheiten” – EDA (Swiss Department for
journey.
8.2 Your insurance policy must be comprehensive and include
sufficient coverage, especially regarding accident, repatriation,
medical and third party liability.
Foreign Affairs) or the “Bundesamt für Gesundheit” – BAG
8.3 You must produce proof of insurance if required by
(Swiss Department for Health) to advise travellers against non-
AMOVIOM.
essential travel to your destination.
8.4 You should secure your insurance cover at the earliest
5.3 In the event of the EDA advice and warnings against travel
opportunity to ensure you are covered and in any event prior
to a specific destination or location(s) of a trip, should the
to departure or within 14 days of payment of the full invoice,
traveller still choose to travel, notwithstanding such travel
whichever date is earlier.
advisory or warning, the traveller assumes all risks of loss,
personal injury, death or property damage from any event
that may arise out of or associated with the travel advice or
warnings given. The Company strongly recommends you do
8.5 For customers form Taiwan & China we provide travel
insurance with our insurance partner company Dr. Walter and
directly coordinate this process for you. Please let us know
should you not want to use this service.
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TERMS AND CONDITIONS
SWITZERLAND
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9. Your behaviour and responsibilities
10. Illness and Disability
9.1 You are expected to behave decently and with
10.1 You are responsible for telling AMOVIOM and any
consideration to AMOVIOM, any suppliers and fellow
suppliers of your holiday services of any medical or health
travellers.
condition that could have an effect on your ability to
9.2 You must comply with rules and regulations set by
accommodation providers and all other suppliers from time to
time.
participate in or your performance on the trip and of any preexisting medical problems/conditions. This also includes
pregnancy, as some activities will not be possible/allowed
while pregnant (e.g. cruises or certain sport activities).
9.3 AMOVIOM does not accept responsibility should you suffer
any injury as a result of or in connection with you skiing or
snowboarding off-piste, hiking other than on level walking
If your medical condition should change during the course of
the trip, you must keep AMOVIOM informed.
10.2 Any medical information you submit to AMOVIOM will
paths or bicycle riding.
9.4 You are responsible for looking after the accommodation
where you stay during your tailored journey. You may have
to pay AMOVIOM or the respective location hotel a damage
deposit on rental property; this deposit will be returned to
you after completion of the tailored journey, provided no
damage has occurred in the accommodation. If damage has
been inflicted on the rented accommodation, all clients who
occupied that property are responsible for costs incurred to
be held in the strictest confidence and AMOVIOM will abide by
all of its obligations under Swiss Data protection, mainly the
“Bundesgesetz über den Datenschutz der Schweiz” and
associated legislation. In the event your trip is cancelled or
curtailed because you have failed to inform us of any medical
condition, you will not be entitled to any refund and we will
be entitled to recover from you any loss that we have
incurred.
11. Documentation
rectify the damage caused.
Should you fail to make such payment at the time the charges
and/or costs are incurred, you will be liable to reimburse us
for these and you authorise the Company to automatically
debit your credit card to the value instructed by the supplier
for any such costs and/or charges.
11.1 It is your responsibility to obtain all documents required
for your holiday, including passports, visas, health certificates
and international driving licenses. You must have a passport
that is valid for at least six months from the date that you
enter all foreign countries. It is also your responsibility to
ensure that these documents are in good order and that you
9.5 AMOVIOM reserves the right to remove any traveller or
travellers from all or part of the tailored journey if AMOVIOM
feels they are behaving in an unacceptable manner. AMOVIOM
will not be responsible for repatriation or any costs incurred,
have them with you when necessary.
11.2 AMOVIOM is not responsible for any costs incurred due
to your not having the correct documentation when required.
and no refund will be given as the result of being removed
12. Travel Arrangements
from the trip or part thereof.
12.1 You are responsible for checking in for all flights and
9.6 All of your property is your own responsibility. If you
lose any personal items whilst on holiday, please obtain a
written report from the police, to help with any insurance
claim upon your return.
9.7 To avoid discrimination (e.g. due to gender or sexual
orientation) or even criminal sanctions, participants of our
journeys should inform themselves about the local customs
and laws of the countries they are visiting. AMOVIOM does not
take any responsibility for violations of local customs and laws
or other similar offences.
other travel arrangements in good time and with the correct
documentation. AMOVIOM will not be responsible for any
costs incurred by your failure to be there on time or with the
required documents.
13. Suppliers
13.1 Some aspects of AMOVIOM’s tailored journeys may be
run by third-party suppliers. These services and activities
include but are not limited to flights, accommodation, biking,
walking, horseback riding, rafting, kayaking, canoeing,
paragliding, ski and snowboard tuition, transfers, avalanche
awareness courses, yoga courses,
off-piste skiing and
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TERMS AND CONDITIONS
SWITZERLAND
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snowboarding, gliding, and helicopter and other aircraft flights
14.6 AMOVIOM will be under no liability at all if you suffer
or charters. These aspects may be dependent on factors outside
loss, death or personal injury where there has been no fault on
AMOVIOM’s control, such as weather, and if they do not run
the part of AMOVIOM or its own employees or the loss and
for any reason, no refund will be given.
damage has been caused by circumstances over which
13.2 You must acknowledge that many of the activities offered
are inherently risky. AMOVIOM does not accept responsibility
and is not liable for any negligent acts or defaults of any
AMOVIOM could not reasonably foresee or prevent or are
caused by a third party unconnected with the provision of
your trip or by your fault.
supplier or any other person, company or corporation not
14.7 Subject to these terms and conditions AMOVIOM may
directly under its control.
accept responsibility for death, injury or illness which you
13.3 Some suppliers may request that you sign a waiver or
acknowledgement of risk. If you refuse to sign, you may be
excluded from that activity and no refund will be issued.
must prove was caused solely by the negligent acts and/or
omissions of its employees or agents and its suppliers whilst
acting within the scope of, or in the course of, their
employment in the provision of your contractual travel
14. AMOVIOM’s Responsibilities & limitations of
liability
14.1 AMOVIOM’s obligation to you is to take reasonable care
to properly perform the holiday contract and this is
discharged when we or our suppliers take reasonable care to
arrangements.
14.8 The amount of any compensation to which you may be
entitled will be limited in accordance with and/or in an
identical manner to:
perform our obligations or comply with any local standards
14.8.1 the contractual terms of the companies that provide
applicable to any services. We accept no responsibility for the
you services including the transportation for your travel
actions or omissions of suppliers when it acts as your Booking
arrangements. These terms are incorporated into this contract;
Agent, and in such cases the rest of this clause 14 does not
and
apply.
14.8.2 any relevant international convention, for example, the
14.2 AMOVIOM’s liability is, to the extent legally permissible,
Montreal Convention in respect of travel by air, the Athens
limited to a maximum of double the price of the journey and
Convention in respect of travel by sea, the Berne Convention
only with regard to the direct and individual harm.
in respect of travel by rail and the Paris Convention in respect
14.3 AMOVIOM takes all reasonable precautions to prevent
accidents or injury, you acknowledge and agree that some of
the activities on the trip in which you participate do have a
risk of accident and injury. Therefore, you will not take any
unreasonable risks, and if you do, then you are responsible for
14.4 AMOVIOM will be under no liability at all if you suffer
loss, death or personal injury as a result of the preparation or
execution of trend-/extreme-sport activities including, but not
to,
river-rafting,
canyoning,
of compensation that you can claim for death, injury, delay to
passengers and loss, damage and delay to luggage. AMOVIOM is
to be regarded as having all benefit of any limitation of
compensation contained in these or any other conventions.
14.9 AMOVIOM does not accept responsibility for unusual and
your own actions and any loss or damage flowing.
limited
of the provision of accommodation, which limit the amount
bungee-jumping,
unforeseen circumstances beyond our control where the
consequences could not have been avoided even if all due care
had been exercised or could not have been foreseen or
forestalled.
paragliding, sky-diving, zorbing, ice-climbing, snow rafting,
15. Currency Refunds
fun yak or flying fox. You might be required to sign
All refunds made by AMOVIOM may be made in the currency
additional liability waivers with AMOVIOM or third party
originally used to make the relevant payment.
suppliers to participate in these types of activities.
16. Complaints
14.5 AMOVIOM will make all reasonable checks that guides
16.1 Any complaints or suggestions about your trip should be
and instructors have the appropriate qualifications.
made to AMOVIOM GmbH, Luzernerstraße 60, Adligenswil,
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TERMS AND CONDITIONS
SWITZERLAND
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Luzern 6043 Switzerland, and every effort will be made to
information will be securely deleted as soon as it is no longer
reach an amicable solution.
required. However, it is necessary for AMOVIOM to retain
16.2 If an amicable solution cannot be agreed, you may send
your complaint or suggestion in writing, within 28 days of the
end of your tailored journey, to AMOVIOM. Please note that
any complaint about services must be made to us or our
supplier immediately. If problems arise and AMOVIOM or its
suppliers are not notified, we cannot be liable for any problem
we were not given the opportunity to rectify.
your debit/credit card details for a reasonable period of time
after the conclusion of your holiday, and you consent to such
retention, in the event that any costs referred to in clause 9.4
above are incurred and you fail to settle these directly with the
supplier, in order that AMOVIOM can debit your card for the
relevant amount. This will be reviewed on a regular basis to
ensure that the information is not kept longer than is strictly
necessary for the purposes set out above.
17. Governing Law
This contract and any matters arising from it are governed by
the laws of Switzerland and are subject to the exclusive
jurisdiction of the courts of Switzerland.
19. Editorial Deadline
January 2015
20. COPYRIGHT
Please note that the Chinese translation of the English original
AMOVIOM GmbH, Luzern
terms and conditions is a courtesy translation only. The
original English version is binding. You can always find the
most current version under:
http://www.amoviom.com/termsandconditions
18. Data Protection
18.1 In order to process your booking and to ensure that your
travel
arrangements
run
smoothly
and
meet
your
requirements, we need to use the information you provide
such as your name, and address, any special needs/dietary
requirements etc. We take full responsibility for ensuring that
proper security measures are in place to protect your
information. Unfortunately, no data transmission over the
Internet can be guaranteed 100% secure. As a result, while we
strive to protect your personal information, we can’t ensure
or warrant the security of any information you transmit to us,
and you do so at your own risk.
18.2 We must pass the information on to the relevant
suppliers of your travel arrangements such as airlines, hotels,
transport companies and so on. The information may also be
provided to security or credit checking companies, public
authorities such as customs and immigration if required by
them, or as required by law. In making a booking, you
consent to this information being passed on to the relevant
persons.
18.3 The information you are required to provide may include
debit/credit card details. As set out above, we take full
responsibility for ensuring that proper security measures are
in place to protect this information. In accordance with
applicable legal, regulatory and business requirements this
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